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Texas Real Estate Guide

Title Insurance in Texas

What El Paso buyers and sellers need to know about title insurance — what it covers, who pays, and why it matters.

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Two Types

Owner's vs. lender's policy

Seller pays (Texas custom)

Owner's Title Policy

Protects the buyer's ownership interest for as long as they own the property. In Texas, the seller customarily pays for the owner's title policy. The rate is set by the Texas Department of Insurance, so the cost is the same regardless of which title company you use.

Buyer pays

Lender's Title Policy

Protects the mortgage lender's interest in the property. Required by virtually every lender. The buyer pays for this policy, and it remains in effect until the loan is paid off or refinanced. Cost is typically lower than the owner's policy.

Coverage

What title insurance covers

Unknown Liens & Judgments

Previous owners may have unpaid taxes, contractor liens, or court judgments attached to the property. Title insurance covers the cost of resolving these claims — even if they were not discovered during the title search.

Forged or Fraudulent Documents

If a deed in the property's history was forged, signed under duress, or executed by someone without legal authority, title insurance protects your ownership from challenges based on those defects.

Undisclosed Heirs

When a previous owner died, unknown heirs may later claim ownership. This is more common than you might think — especially with older El Paso properties that have changed hands multiple times.

Boundary & Survey Disputes

If a neighbor's fence, driveway, or structure encroaches on your property — or vice versa — title insurance can cover legal costs and financial losses related to boundary disputes.

Recording Errors

Clerical mistakes in public records — misspelled names, incorrect legal descriptions, or improperly filed documents — can cloud your title. Title insurance covers the cost of correcting these errors.

Easements & Access Rights

Unrecorded easements (such as utility company access rights or shared driveway agreements) can limit how you use your property. Title insurance protects against losses from undiscovered easements.

The Process

How a title search works

01

Examine Public Records

The title company searches El Paso County records for all recorded documents affecting the property — deeds, mortgages, liens, judgments, easements, and tax records.

02

Build a Chain of Title

Every transfer of ownership is traced from the original land grant to the current seller, creating an unbroken chain of title. Any gaps or irregularities are flagged.

03

Identify Issues & Exceptions

The title company produces a commitment for title insurance listing any issues found — existing liens, easements, or restrictions. These must be resolved before closing or listed as exceptions.

04

Issue the Policy

Once all issues are resolved and the transaction closes, the title company issues the owner's and lender's policies. Coverage begins immediately and lasts for as long as you or your heirs own the property.

Watch For

Common title issues in El Paso

1

Tax liens from unpaid property taxes (El Paso County collects in arrears)

2

Mechanic's liens from contractors who were not paid for previous renovations

3

HOA liens for unpaid assessments or violations

4

Divorce decrees that did not properly transfer ownership

5

Probate issues when a deceased owner's estate was not fully settled

FAQ

Title insurance questions

Who pays for title insurance in El Paso?

In Texas, the seller customarily pays for the owner's title policy, and the buyer pays for the lender's title policy. This split is standard across El Paso and most of Texas. The cost is regulated by the Texas Department of Insurance, so rates are the same at every title company.

How much does title insurance cost in El Paso?

Rates are set by the Texas Department of Insurance based on the purchase price. For a $250,000 home, the owner's policy is approximately $1,575 and the lender's policy is approximately $500 to $700 (depending on loan amount). These are one-time premiums paid at closing — there are no annual renewals.

Do I really need title insurance? Is it worth it?

Yes. Title insurance is a one-time cost that protects what is likely your largest financial investment. Title defects can appear years after closing — an unknown lien, a forged deed, or an undisclosed heir. Without title insurance, you would pay out of pocket to defend your ownership or potentially lose the property entirely.

Can I choose my own title company in El Paso?

Yes. In Texas, the buyer has the right to choose the title company. Common title companies in El Paso include Stewart Title, Fidelity National Title, First American Title, and Chicago Title. Your ProGen broker can recommend experienced local title companies.

Close With Confidence

Protect your investment from day one.

ProGen Real Estate coordinates with trusted El Paso title companies to ensure a clean title and smooth closing.

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ProGen Real Estate — Josue R. Jimenez, Licensed Texas Broker — TREC #619091 — (915) 691-1082

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